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Labor cases can be handled by themselves, the same can be won, and labor arbitration is completely free, I hope mine will help you solve the problem, labor disputes, labor arbitration everyone can hi me!
1. Because the employer violated the law first, you can leave at any time after you leave the company in writing, and ask the employer to pay your arrears of wages, deposits, economic compensation, double wages (up to 11 months), overtime wages, etc.; Counting from the time you leave your job, the statute of limitations for labor arbitration is one year!
2. The premise is that there is evidence to prove the labor relationship! For example, tooling with the name of the company, work permit or work card (preferably stamped with the official seal), salary card, salary slip, attendance record, social insurance payment record, colleague testimony (resignation and employment are acceptable) or other documents with your name and official seal (including the work card with the official seal, social insurance payment records, documents with your name and official seal, one is enough to prove the labor relationship).
3. Applying for labor arbitration is very simple: bring the labor arbitration application, a copy of your ID card, relevant evidence, and industrial and commercial registration information, and then go to the local arbitration commission to apply for a case! After the case is filed, you go to find a new job, and you don't delay anything!
Legal basis: Labor Contract Law:
Article 10 A written labor contract shall be concluded for the establishment of labor relations.
If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.
Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.
Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.
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You can go to the local labor arbitration court and sue him, and you can get 100% of your salary and compensation.
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If the implementation of labor relations has been formed, if the probationary period is 3 days in advance of the written application for resignation, if the probationary period has passed, the written application should be made one month in advance, so that your operation is in line with the regulations, the enterprise does not agree, you can also resign. If wages are in arrears, you can apply for arbitration, which can generally be obtained.
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Yes, but if the loss caused to the employer is to be compensated, if the employer asks, not only 30 days' notice must be given, but also a certain amount of compensation must be paid.
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It is possible to quit your job, and the salary should be paid to you.
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Summary. Hello dear for your question, oh <>
If you don't sign a contract and go to work, then quit your job and just sign a contract, you can claim compensation. The employer shall sign a labor contract with the employee within one month of employment, and if there is no contract, the employer shall pay the employee twice the salary.
I didn't sign a contract to go to work, and then I quit my job and just signed a contract.
Hello dear for your question, oh <>
If you don't sign a contract with the same work in Hefan Town and then quit your job and just sign the contract, you can claim compensation. If the employer signs a labor contract with the employee within one month of employment, the employer shall pay the employee twice the salary.
First of all, it is illegal for the company to not sign a contract with you for the modification of the contract. If you want to re-sign the labor contract now, you can. However, you should pay attention to one question, the date of signing the employment contract, which is very important, and it is best to write the time when you signed the contract, not the time when you first came to work in the company.
Special supplementary guess: if the labor contract is not signed, the employer can be required to pay double wages. Forging the signature of an employment contract can identify and restore the facts.
Article 82 of the Labor Contract Law provides that if an employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, the employee shall be paid twice the monthly wage.
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Workers who are in arrears of wages, do not pay wages, or deduct wages can call 12334** to complain, which is the ** of the Human Resources and Social Security Bureau. You can also file a complaint with the Labor Bureau's Inspection Brigade. If the company fails to pay labor remuneration on time, the employee can apply for termination of the labor contract and labor relationship, and claim economic compensation.
The worker can report to the local labor inspection administrative department, and the labor inspection brigade will order the employer to pay wages. If the labor arbitration conclusion is refused, it may apply to the court for compulsory enforcement. Employees who have not signed an employment contract can get the following remuneration when they resign:
1. Labor remuneration payable by employees; 2. If the labor contract is not signed within one month from the establishment of the labor relationship, the company will pay double the salary within one year according to law. You can directly file a complaint with the Labor Bureau, or apply for labor arbitration and labor litigation to protect your legitimate rights and interests through the law.
Labor Contract Law of the People's Republic of China Article 82 If an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. If an employer violates this law by not concluding an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should be concluded.
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Legal analysis: You can resign after signing an employment contract. Generally, there are the following ways:
1. The employee and the employer negotiate to terminate the labor contract. 2. Notify the unit in writing 30 days in advance and formally terminate the labor contract between the two parties after 30 days. 3. If there is an illegal act in the unit, the employee can exercise the right of unilateral immediate termination.
Except for the resignation of the employee during the probationary period, he or she can claim severance from the unit for terminating the contract.
Legal basis: Article 37 of the Law of the People's Republic of China on Labor Contracts Article 37 The employee may terminate the labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.
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Summary. Hello dear! We'll be happy to answer for you.
I haven't signed a contract before, and today I quit my job and the company signed the contract for me, can I not sign it?
Answer: Yes, in fact, the social security after resignation can be transferred, transferred out and surrendered. If you find a new job immediately after resigning, you can go through the transfer procedures and the new employer will renew the insurance, in this case, the renewal cost will also be borne by the new employer.
If the new unit is in a different place, it may need to be confirmed by the social security center in the other place or handled according to different policies in the other place.
I haven't signed a contract before, and today I quit my job and the company signed the contract for me, can I not sign it?
Hello dear! We'll be happy to answer for you. I haven't signed a contract before, and today I quit my job and the company signed the contract for me, can I not sign it?
Answer: Yes, in fact, the social security after resignation can be transferred, transferred out and surrendered. If you find a new job immediately after resigning, you can go through the transfer procedures and the new employer will renew the insurance, in this case, the renewal cost will also be borne by the new employer.
If the new unit is in a different place, it may need to be confirmed by the social security center in the other place or handled according to the different policies of the different places.
That is, I have not signed any contract for a month after entering the factory, and now I want to inform the company three days in advance, and then leave the company, is it okay?
But the company didn't approve it, saying that it would be okay 30 days in advance.
Is there any way to fix it?
It is illegal for the employer not to sign a labor contract, and the labor relationship can be terminated directly with the unit.
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The company didn't sign a labor contract with you, but the insurance was paid?
If you leave within 30 days, you are in breach of contract, and if the company deducts your salary or something, you cannot sue the company because you have breached the contract first.
When terminating a labor contract, an employee shall comply with Article 37 of the Labor Contract Law, which stipulates that "an employee may terminate the labor contract by notifying the employer in writing 30 days in advance." This article requires the employee to submit a written notice to the employer 30 days in advance, informing the employer that he wants to resign, which is already the minimum requirement of the law for the employee to resign.
In response to the request for resignation, the unit reacted in several ways:
1) Agree to resign, and handle the resignation after 30 days;
If you wish to leave early, you can make this request to the employer, and if you are denied and forced to leave, the employer has the right to complete the resignation procedure after 30 days. What is a resignation obligation? Article 50 of the Labor Contract Law stipulates that:
The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days. In other words, if you forcibly leave your job, the employer can delay the resignation process. Does the employer have the right to deduct money?
Actually, no, the employer still has to pay you your salary during normal work. However, if your resignation causes losses to the employer, the employer has the right to claim compensation from you on the grounds of "illegal termination of the employment contract".
2) Agree to resign, may not do it for 30 days;
This situation is exactly what you want. You yourself want to leave your job without 30 days. If both parties agree to do so, it is recommended that you sign an agreement with your employer to agree on a departure date, which will be more secure for you.
3) Agree to resign, but do it for more than 30 days;
The employer wants you to leave your job after 30 days of quiet searching, which is obviously contrary to your purpose. According to the provisions of the Employment Contract Law, the employer has no right to require you to continue working for more than 30 days. However, without the consent of the unit, you have no right to reduce the work for less than 30 days.
At this point, you can refer to the results of the first reaction.
4) Disagree with the resignation.
The Labor Contract Law imposes an obligation on the resigned employee to notify the employer, rather than apply to the employer. Therefore, the employer does not have the right to refuse your dismissal notice. The practice of disagreeing to resign has no legal effect.
As long as you can prove that you have fulfilled your notification obligations, you can legally leave your job after 30 days. Therefore, when you don't agree to resign, you don't have to worry too much, you can leave your job after 30 days.
You can sign a contract if you are over 16 years old.
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